Tag: ADA

Teacher’s Retaliation Claim Advances to Jury Trial

A recent decision by the 2nd U.S. Circuit Court of Appeals highlights the importance of tracking employees’ hours. That court reversed a district court’s judgment against a New York high school English teacher who claims he was denied tenure in retaliation for taking seven days of leave following gallbladder surgery — FMLA leave for which […]

Appeals Court Upholds Award for Teacher with Seasonal Affective Disorder

A school district failed to accommodate a teacher with seasonal affective disorder, the 7th U.S. Circuit Court of Appeals has determined, upholding a jury’s award of damages. The 7th Circuit had already heard the case, Ekstrand v. School District of Somerset (No. 11-1949, June 26, 2012), once before. Renae Eskstrand filed suit against her employer, […]

6th Cir. Allows Bus Driver Trainee’s ADA Suit to Continue

To bring a discrimination claim, a trainee with a disability needs only show that she was qualified to participate in the job training; she doesn’t need to prove that she was qualified for prospective job, the 6th U.S. Circuit Court of appeals ruled Aug. 8. The case, Rosebrough v. Buckeye Valley High School, involved Tammy […]

Privacy Training on Electronic Monitoring: A Case Study

When conducting privacy training on electronic monitoring, share the following case study with your employees: In this case, Janice Collins complains to her supervisor Bill Smith that one of her male co-workers, Jerry Bartolli, is viewing pornographic websites on the job. Furthermore, Collins says that Bartolli has been sending sexually explicit e-mails to several female […]

ADA Stakeholder Predicts More Disabled Will Be Employed

The United States should expect substantial changes to its disability employment statistics in the near future, Sen. Tom Harkin, D-Iowa, announced on July 26, the 22nd anniversary of the Americans with Disabilities Act. “I believe our country is on the verge of major progress on the issue of disability employment,” he wrote in a letter […]

Executives on Maternity Leave: Return Not Guaranteed by FMLA

Newly appointed Yahoo CEO Marissa Mayer — who some pundits have called “the most powerful pregnant woman in America” — is an exceptional employee in more ways than one. Even if she had worked the prerequisite 12 months (or 1,250-plus hours) at Yahoo to qualify for FMLA leave, Mayer would not be guaranteed a return […]

Exec Comp—What to Expect for the Rest of 2012

Fichthorn , vice president in the Philadelphia office of Hay Group, was joined in his presentation at a recent BLR/HRhero webinar by Martin Somelofske, a senior principal in Hay Group’s Metro New York office. Fichthorn suggests that the following trends will characterize executive compensation in the upcoming year: Continued government interest and involvement, specifically through […]

Job Description Alert—Disparate Impact Lawsuit Lurking

For a more detailed explanation, we turned to BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who is a Partner in the New Orleans, Louisiana office of Jackson Lewis LLP. You could set yourself up for a disparate impact suit, Desmond says, if : Your listed requirements on the job description are […]

Job Descriptions—The Most Common Mistake

They assist you in clarifying what skills or traits you expect an applicant to meet. They help you to defend yourself in court should you be sued over your hiring decision. We found details in BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who  is a Partner in the New Orleans, Louisiana […]